criminal recklessness, a Class D felony. "It was...

March 05, 2011

criminal recklessness, a Class D felony.

"It was unbelievable," he said. "I'm in my own house, I have a right to have a gun in my house, and I'm being charged with something? ... I thought I was doing the right thing. Trying to protect me and my family and my friend."

He was put on trial in March 2010 in St. Joseph County Circuit Court, but the jury deadlocked and the magistrate declared a mistrial.

The St. Joseph County Prosecutor's office decided to try again, and Hammons was back on trial this week.

Hammons said he prepared himself for the worst -- up to three years in prison if he was convicted.

"I got mentally prepared, I saved up as much money as I could, spent as much time as I could with my wife and kids," he said.

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But in the second trial, it took the jury less than one hour to deliver a not guilty verdict Tuesday.

Hammons' attorney, Rodolfo "Rudy" Monterrosa, said it was difficult for the state to support the criminal recklessness charge since the incident occurred at Hammons' home, and he claimed he was acting in self-defense.

"A man's home is his castle," Monterrosa said. "In our American way of life, your house is your piece of heaven."

He said Indiana law provides additional protection for people who act in defense of their home, rather than a workplace or a public area.

Still, St. Joseph County prosecutor Michael Dvorak said he believed there was enough evidence for a conviction.

"The jury felt otherwise," he said. "And we will live with that verdict."

Payne did not respond to a request for comment.

Hammons, who has since moved to Chicago, said he feels vindicated.

"I think it clears my name," he said. "In my mind, I did the right thing. If it had been true intruders, or someone with a gun out there, would I be alive today?"